University Daily Kansan
Thursday, October 21, 1974
7A
Atty. Gen. Vern Miller, who is the Democratic gubernatorial candidate, was the victim of a smear campaign this month. A vandal with a can of spray paint expressed his opinion on this billboard at Sixth and Vermont rather than at the polls.
Kansas voters to consider 5 changes to constitution
By ANN GARDNER
Five amendments to the Kansas constitution will be brought to the voters on Nov. 5. With the possible exception of the amendment concerning the legalization of bingo, these amendments and the process through which they are adopted have gone largely unnoticed by voters.
Should Kansans be concerned about these amendments? Are they important issues? The amendments that will be voted on this year include revisions in the bingo laws, provisions for the method of election and recall of state officials, the elimination of an elected state printer, an entire new legislative article and a new position in the constitution for the oath for state officials.
Some are important issues, but most don't catch the interest of the public. The oath is a prime example.
"There are worthwhile, valid changes to the constitution," James Drury, professor of political science, said recently, "but I don't think you can argue that the oath is a vital question." Drury is director of the Legislative Research Department in Topeka.
However, before voting on the proposed amendments in November, it might be well for citizens to have some idea of the issues involved.
This year, the most controversial issue before the voters is the legalization of bingo. The proposed amendment would "permit the legislature to regulate, license and tax" bingo games conducted by certain non-profit organizations, including religious groups and educational and veteran organizations.
The question of legalizing bingo in Kansas arose in 1970 when Atty. Gen. Vern Miller declared that bingo was against the constitutional ban on gambling. In an attempt to remedy the situation, the legislature passed a statutory provision to permit bingo. However, the Kansas Supreme Court declared the law unconstitutional. A constitutional revision is necessary to decide the issue.
Great opposition to the amendment has come from religious organizations like the Kansas Council of Churches and the United Methodist Church of Kansas on the argument that gambling in any form is immoral. The American Legion and the Veterans of Foreign Wars, along with others, defend the amendment because of
the charitable uses of money collected at bingo games. They also maintain that bingo is a valuable source of enjoyment for many people, especially the elderly.
The second amendment listed on the ballot concerns state elections and recall of state officials. It establishes a constitutional authorization for the use in state elections of voting devices, including voting machines and punch card systems. It also eliminates township elections and officers from the article. Although the existence of township officers is contained elsewhere in the constitution, many officials are critical of this obvious cut in their power and prestige.
The amendment would require that at least three commissioners be elected in each county. This would open the way for the legislature to determine whether more than three commissioners are needed in some counties. Additional commissioners could be needed in large metropolitan counties with large administrative duties.
Finally, this amendment would allow the legislature to set up procedures for the recall of elected officials. As the law now exists, no one is authorized to call the recall election.
The amendment dealing with the state printer simply repeals Section 4 of Article 15, which requires all public printing to be done by an elected state printer. This will allow the legislature to take whatever action it deems necessary to provide for printing.
However, a bill already has been passed by the legislature that would take effect June 30, 1977, if the proposed amendment passes this year. The bill provides for an appointive office of director of printing for the state.
As Drury points out, the elimination of the state printer as an elective office isn't a particularly crucial one, because Kansas is the only state that now has such an office.
"I can't get excited about whether we have an elected state printer," he said. "Forty-nine states have proven they can get along without one."
The fourth constitutional question on the ballot is the proposed revision of the entire article dealing with the legislature. This form of amendment, in which a whole article can be considered as a single question, was provided for in the constitution in 1970. Among other things the amendment proposes:
That the membership of the legislature be restricted to 125 representatives and 40 senators (the present number).
- That a legislator must be a resident and qualified elector from the district he represents.
That time be extended to the presiding officer and the governor to take action on a bill passed by the legislature. Any bill not acted on by the end of the time period would automatically become law, thereby eliminating the possibility of a pocket veto.
That the requirement that a bill have three readings on three separate days before it is acted on by the legislature be eliminated. A bill still couldn't be voted on in the same day it is introduced unless an emergency was declared by a two-thirds vote of the body.
That a two-thirds majority be required in each house of the legislature in order to ratify an amendment to the U.S. Constitution.
According to Drury, this amendment is basically an "updating and clarifying article." However, it would have been more significant if two provisions that originally were included in the article hadn't been cut by the legislature.
One of these provisions was a maximum membership in the legislature of 80
representatives and 40 senators. This would have reduced the number of representatives by 45 instead of leaving it at the present level.
The other question, according to Drury, involved the difficult concept of the legislature as a continuing body. The proposal would have allowed the legislature to continue as a body from year to year even though the members of the body varied through election. The business of the legislature could then be carried over from one session to the next without serious interruption.
The final amendment, which concerns the oath of office for state officials, is probably the least important question Kansans will vote on. It simply moves the oath from the legislative article to Article 15 because the oath doesn't affect only legislators.
Although it is a small issue, Drury says, there is an interesting sidelight to the amendment. The present legislative article of the constitution contains a provision for the oath, but the proposed new legislative article doesn't. Therefore, depending on the outcome of the election, Kansas could have one provision, two provisions or no provision at all for the oath of a state official.
Smith, Steineger ...
From Preceding Page
enough so that if elected, they could serve for two four-year terms and still conceivably run for governor in 1982.
Both men dismiss such a possibility.
"I don't think it will be a stepping stone to the governor's office unless something happens to the governor," Smith said. "You'll be an assistant, in a supportive role—praying that nothing happens to the governor."
Steineger said he didn't think running for governor "would ever be a question I'd have to worry about."
"Being governor is an arduous, full-time and hardworking position. I don't know what motivates a person that really knows the demands of the office to seek it," Steineger said.
Thus it seems like that the lieutenant
governor will augment the power of the governor. As Steineger said, the four-year term will mean "the governor is not always looking over his shoulder at the next election."
This could free the governor to devote more time and energy to his programs—and the lieutenant governor figures to be a big part of the action.
It also seems likely that the team elected this year will set precedents for determining the duties and importance of future lieutenant governors.
"We find ourselves on an uncharted course," Drury said.
"It's a whole new ball game," Smith said. Steineger said the first team would set precedents "not necessarily in exact terms or functions but as to whether it will be a post of responsibility or a ceremonial post."